2025:KER:30108 MACA NO. 2186 OF 2021 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 MACA NO. 2186 OF 2021 AGAINST THE AWARD DATED 18.06.2020 IN OPMV NO.2024 OF 2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM APPELLANT/PETITIONER: ARATHY SURENDRANATH AGED 19 YEARS D/O. SURENDRANATH KURUP, KOCHUKULATHUMKAL HOUSE, NEAR NETHALLOOR TEMPLE, CHEMPAKARA KARA, KARUKACHAL P.O., NEDUMKUNNAM VILLAGE, KOTTAYAM DISTRICT BY ADVS. P.M.JOSHI SIJI K.PAUL RESPONDENT/2ND RESPONDENT: THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., KOTTAYAM ,PIN-686 001 BY ADV.SMT.MARIAN G.M.THARAKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30108 MACA NO. 2186 OF 2021 2 EASWARAN S., J. ------------------------------------ MACA No.2186 of 2021 ------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT Aggrieved by the award passed by the Motor Accidents Claims Tribunal, Kottayam in OP(MV) No.2024/2017 dated 18.6.2020, the petitioner has approached this Court. 2. The brief facts necessary for the disposal of the appeal are as follows: On 23.11.2017 at 9 a.m. while the petitioner was a pedestrian on the Kurian Uthuppu road, a motorcycle bearing registration No.KL- 45/H-622 negligently ridden by the 1st respondent in the claim petition hit against the petitioner near Municipal Park. As a result of the accident, the claimant suffered injuries. The claimant contended that she was a degree student and a regular scholar. In support of her contentions, Exts.A1 to A14 documents were produced and marked. The claimant also sustained permanent disability as a result of the injury sustained by her in the accident and, hence, she was examined by the medical board, which issued Ext.X1 certificate of disability 2025:KER:30108 MACA NO. 2186 OF 2021 3 evidencing that she suffered 8% disability. The tribunal, on appreciation of evidence, proceeded to fix the income notionally at Rs.12,000/- and granted the following compensation: Sl. No. Head of claim Amount Claimed (Rs.) Amount Awarded (Rs.) Basis Vital details in a nut shell 1 Loss of earning (Partial) 50,000 20,000 Nil 2 Medical and miscellaneous expenses 1,00,000 75,663 (acceptable bills for Rs.72,033/- + 3630 = 75,663) 3 Bystander expense 20,000 1,000 Rs.250x4 days (1 person) 4 Transportation expenses 1,500 9,000 5 Extra nourishment 1,500 1,000 6 Damage to clothing etc 1,500 1,000 7 Pain and suffering 1,00,000 65,000 8 Loss/reduction in earning capacity and for continuing disabilities 1,50,000 2,07,360 12000x12x18x8/1 00 9 Loss of amenities and conveniences 1,00,000 25,000 10 Future treatment Nil 25,000 11 Marriage prospectus 1,00,000/- 25,000 12 Compensation for continuing or permanent disability, if any 2,00,000/- Nil Total Limited to 8,44,500/- 4,00,000/- 4,35,023/- Rounded to Rs.4,35,020/- Rs.4,35,020/- along with interest at the rate of 8% p.a. from 20.12.2017 3. Heard Sri.P.M.Joshi, the learned counsel appearing for the appellant/petitioner and Smt.Marian G.M.Tharakan, the learned counsel appearing for the insurance company. 4. On consideration of the rival submissions raised across 2025:KER:30108 MACA NO. 2186 OF 2021 4 the bar, this Court finds that the notional income fixed by the tribunal is unsustainable. In Angad Tiwari & Anr v. National Insurance Company Ltd. (Civil Appeal 10950 of 2024 decided on 1.10.2024 : 2024 KHC 8590), the Hon’ble Supreme Court held that the income of the deceased in a motor accident claim cannot be fixed below that of the minimum wage. In G.O.(P) No.56/2017/Fin dated 28.4.2017, the State of Kerala has fixed the minimum wage under the provisions of the Minimum Wages Act and as per the said notification, the minimum wage of a coolie worker is fixed at Rs.17,325/- per month. However, it has come out in evidence that the appellant is a student and the income of a student cannot be considered at par with that of a coolie worker. Considering the evidence in a wholesome perspective, this Court is of the view that an amount of Rs.18,000/- can be fixed as the notional income of the appellant herein. Still further, when this Court scrutinises the structured compensation granted by the tribunal, it is seen that under the heads “pain and sufferings” and “loss of amenities”, a reasonable enhancement can be granted. 5. Hence, the appeal is allowed. The appellant is entitled to enhanced compensation as follows: 2025:KER:30108 MACA NO. 2186 OF 2021 5 (a) Notional income of the appellant is fixed at Rs.18,000/- per month. (b) Loss of earnings : Rs.72,000/- (18,000x4) (c) Pain and suffering : Rs.15,000/- (80000-65000) (d) Loss of amenities : Rs.15,000/- (40,000-25000) (e) Compensation for permanent disability : Rs.1,03,680/- (18,000x12x18x8/100 = 3,11,040 - 207360) Thus, a total amount of Rs.2,05,680/- (Rupees two lakhs five thousand six hundred and eighty only) is awarded as the enhanced compensation to the appellant/claimant. The aforesaid amount shall carry interest @ 8% per annum from the date of the claim petition (20.12.2017) till the date of realisation, with proportionate costs on the enhanced amount. The insurance company shall deposit the said amount within a period of two months from the date of receipt of a copy of this judgment. Ordered accordingly. Sd/- EASWARAN S. JUDGE jg